Olagues v. Icahn Associates Holding LLC et al
| John Olagues |
| Icahn Associates Holding LLC, Icahn Partners Master Fund LP, Carl C. Icahn, High River Limited Partnership, Icahn Partners LP, Herbalife, Icahn Associates Holdings LLC, Nuance Communications, Hologic Inc., Icahn Partners Master Fund II LP and Icahn Partners Master Fund III LP |
| 1:2015cv00898 |
| February 6, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Unassigned |
| Stockholders Suits |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
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Filing
44
MEMORANDUM OPINION AND ORDER re: (30 in 1:15-cv-02476-GHW) MOTION to Dismiss Complaint, (31 in 1:15-cv-02478-GHW) MOTION to Dismiss Complaint, (33 in 1:15-cv-00898-GHW) MOTION to Dismiss Second Amended Complaint. Fo r the foregoing reasons, Defendants' motions to dismiss are granted in all three actions with prejudice. The dismissal is without leave to replead the claims, because any attempt to replead the claims on the theoretical basis asserted by Plainti ff would be futile. See Advanced Magnetics, Inc. v. Bayfront Partners, Inc., 106 F.3d 11, 18 (2d Cir. 1997) (noting that leave to amend need not be granted where the proposed amendment would be futile). The Clerk of Court is directed to terminate the motions pending at Dkt. No. 30 (1:15-cv-2476), Dkt. No. 31 (1:15-cv-2478), Dkt. No. 33 (1:15-cv-898), and to close each of those cases. (As further set forth in this Order.) (Signed by Judge Gregory H. Woods on 3/23/2016) (kko)
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